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 Posted: Thu Jul 19, 2007 7:19 pm Subject: Disputed,Disputed,Disputed |
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I have disputed with all three credit reporting agencies.Each time it comes back "updated".I have also requested twice for validation (RRR) an got an Attorney to request twice.To date no validation.
What can I do now ???? The debt is from 2001,I never made a payment so last activity would be in 2001.
Sol in Kentucky is 5 years.The collection agency(LVNV) weltman,Weinberg and Reis are reporting date opened 4/2005 which makes my date of Sol different.
I'am at a breaking point with these people.They ignored Cease contact request from Attorney.
Someone please help me ??????
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karen
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karenr216
Joined: 14 Dec 2006
Posts: 51
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| Posted: Thu Jul 19, 2007 7:54 pm Subject: |
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Ok so u have an atty working on this? The way i understood it is if they haven't validated then they must remove from report...
Someone will be around soon who knows more.... with answers for ya.
Good Luck
Ang
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You will not be punished FOR your anger; you will be punished BY your anger. --Buddah
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Ang
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Joined: 27 Jun 2006
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| Posted: Thu Jul 19, 2007 8:02 pm Subject: |
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It's time for you to start thinking about suing them. LVNV is notorious for illegally re-aging debts.
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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)
The science is in knowing, the art is in perceiving - Robert Fripp (1946-)
Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)
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LawStudent
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Joined: 04 Apr 2007
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| Posted: Thu Jul 19, 2007 8:38 pm Subject: |
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yes, legal action is probably your best bet at this point. LVNV will only continue to violate the law if this keeps up.
First, it is illegal for a CA to continue reporting the debt to your credit report if they have not answered your validation request. Second, they do, as law student said, have a rep for reaging debts illegally.
They ignored a cease contact request--so, since it came from your attorney, they definitely know that you have representation. Is the contact with you or your attorney? if they are still contacting you, that is a violation as well. Here--let me sum up the violations like this, so you will know where I am getting the information from...this will show you why legal action is your best bet...
1--contacting you after they have been notified to cease contact--this is illegal, according to fdcpa, section 805(c).
2--contacting you after they are notified that you are represented by counsel--this is illegal according to FDCPA, section 805(a).
3--continued reporting on your credit file while ignoring request for validation--this is illegal according to FDCPA, section 809(b). There is also a FTC opinion letter that specifically addresses this exact situation, and it is admissable as evidence of the law in court. you will want this letter, here is a link to it
http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm
| Quote: | II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e( to inform the consumer reporting agency of the dispute. |
That, combined with the statute, is the backup you will need on this count. Note that you have three separate counts here, because they apparently reported the debt to all three CRA's. That means three violations, if I recall right.
4--The last part of the quoted paragraph notes another violation--
| Quote: | | Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e( to inform the consumer reporting agency of the dispute. |
I am willing to bet that not one of your credit reports includes the notice that you have disputed this debt with this creditor. Thats another violation.
5--reaging the debt on your credit reports--this is illegal according to FDCPA, section 807...as well as the FCRA, which makes them responsible for the accuracy of any information they provide to the CRA about you.
So, as you can see, there are several violations here. Now, here's where it gets good for you....you can sue them for violations of the FDCPA, and get money from them. The liability for violating the FDCPA is up to $1000 per violation, plus any actual damages that resulted from the violation. Add this up, and see what I mean. You need to make them cut you a check for the several thousand dollars that they should be owing you.
In addition, you can use the FCRA to your advantage when dealing with these people. Your attorney should send them a letter stating that they have 30 days from date of receipt to remove any and all entries concerning this debt from your credit files with the three bureaus. By law they cannot continue to report on you when they did not validate the debt as yours.
I know that your attorney knows all this, but its good to know it yourself too. Oh, one more thing--you mentioned LVNV and WEltman etc etc, are they both reporting this debt on your CB's at the same time? If so, contact the CRA's and inform them that they are reporting duplicate entries on the same debt. They should remove one of them from the file.
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skydivr7673
Debt Samaritan
Joined: 15 May 2007
Posts: 887
Debtcc Points: 908
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| Posted: Thu Jul 19, 2007 8:46 pm Subject: |
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yes, legal action is probably your best bet at this point. LVNV will only continue to violate the law if this keeps up.
First, it is illegal for a CA to continue reporting the debt to your credit report if they have not answered your validation request. Second, they do, as law student said, have a rep for reaging debts illegally.
They ignored a cease contact request--so, since it came from your attorney, they definitely know that you have representation. Is the contact with you or your attorney? if they are still contacting you, that is a violation as well. Here--let me sum up the violations like this, so you will know where I am getting the information from...this will show you why legal action is your best bet...
1--contacting you after they have been notified to cease contact--this is illegal, according to fdcpa, section 805(c).
2--contacting you after they are notified that you are represented by counsel--this is illegal according to FDCPA, section 805(a).
3--continued reporting on your credit file while ignoring request for validation--this is illegal according to FDCPA, section 809(b). There is also a FTC opinion letter that specifically addresses this exact situation, and it is admissable as evidence of the law in court. you will want this letter, here is a link to it:
http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm
| Quote: | | II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e( to inform the consumer reporting agency of the dispute. |
That, combined with the statute, is the backup you will need on this count. Note that you have three separate counts here, because they apparently reported the debt to all three CRA's. That means three violations, if I recall right.
4--The last part of the quoted paragraph notes another violation--
| Quote: | | Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e( to inform the consumer reporting agency of the dispute. |
I am willing to bet that not one of your credit reports includes the notice that you have disputed this debt with this creditor. Thats another violation.
5--reaging the debt on your credit reports--this is illegal according to FDCPA, section 807...as well as the FCRA, which makes them responsible for the accuracy of any information they provide to the CRA about you.
So, as you can see, there are several violations here. Now, here's where it gets good for you....you can sue them for violations of the FDCPA, and get money from them. The liability for violating the FDCPA is up to $1000 per violation, plus any actual damages that resulted from the violation. Add this up, and see what I mean. You need to make them cut you a check for the several thousand dollars that they should be owing you.
In addition, you can use the FCRA to your advantage when dealing with these people. Your attorney should send them a letter stating that they have 30 days from date of receipt to remove any and all entries concerning this debt from your credit files with the three bureaus. By law they cannot continue to report on you when they did not validate the debt as yours.
I know that your attorney knows all this, but its good to know it yourself too. Oh, one more thing--you mentioned LVNV and WEltman etc etc, are they both reporting this debt on your CB's at the same time? If so, contact the CRA's and inform them that they are reporting duplicate entries on the same debt. They should remove one of them from the file.
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skydivr7673
Debt Samaritan
Joined: 15 May 2007
Posts: 887
Debtcc Points: 908
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